5th Cir. Pattern Jury Instr. (Criminal) 2.09C

18 U.S.C. § 201(c)(1)(A)

Title 18, United States Code, Section 201(c)(l)(A), makes it a crime for anyone to give

[offer] [promise] anything of value to a public official for [because of] an official act performed

[to be performed] by that official. For you to find the defendant guilty of this crime, you must be

convinced that the government has proved each of the following beyond a reasonable doubt:

First: That the defendant directly or indirectly gave [offered] [promised] something of

value to ____________ (name of official), a public official [former public official] [person selected

to be a public official] [juror]; and

Second: That the defendant did so for [because of] an official act performed [to be

performed] by the public official other than as provided by law for the proper discharge of his [her]

official duty.

The term “public official” means Member of Congress, Delegate, or Resident

Commissioner, either before or after such official has qualified, or an officer or employee of or

person acting for or on behalf of the United States, or any department, agency, or branch of

Government thereof, including the District of Columbia, in any official function, under or by

authority of any such department, agency, or branch of Government, or a juror.

[The term “person selected to be a public official” means a person who has been nominated

or appointed to be a public official or has been officially informed that such person will be

nominated or appointed.]

[The term “official act” means any decision or action on any matter, question, cause, suit,

proceeding, or controversy, which may at any time be pending, or which may by law be brought

before any public official, in such official’s official capacity, or in such official’s place of trust or

profit.]

In regard to the second element, the term “for” [“because of”] mandates a specific

connection between the gratuity and a specific official act performed or to be performed. However,

no overt, explicit, or specific agreement to exchange the thing of value f or the official act is

required. On the other hand, showing that a gratuity was given to a person because of that person’s

official position is not enough.